1-11-93 agendaH
1
CITY OF RICHFIELD, MINNESOTA
MONDAY, JANUARY 11, 1993
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF (1) REGULAR CITY COUNCIL MEETING OF
DECEMBER 14, 1992; AND (2) SPECIAL CITY COUNCIL MEETING OF
DECEMBER 29, 1992; AND (3) SPECIAL CITY COUNCIL MEETING OF
JANUARY 4, 1993
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
2. PRESENTATION OF THE MINNESOTA SECRETARY OF STATE CERTIFICATE
• OF ACHIEVEMENT TO THE CITY OF RICHFIELD
COUNCIL LETTER NO. 5
AGENDA APPROVAL
3. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
NOTE: CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE. CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED
ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS
NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM
BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR
AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON
THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL.
4A. CONSIDERATION OF APPROVAL OF RESOLUTIONS AUTHORIZING
EXECUTION OF AGENCY AGREEMENT WITH MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR FEDERAL PARTICIPATION IN RAILROAD FORCE
ACCOUNT WORK FOR 77TH STREET PROJECT AND AUTHORIZING
EXECUTION OF STIPULATION AGREEMENT WITH SOO LINE RAILROAD
FOR 77TH STREET PROJECT C.L. 6
l
B. CONSIDERATION OF APPROVAL OF SETTING PUBLIC HEARING DATE FOR
ISSUANCE OF NEW WINE LICENSE FOR SILVER SPOON RESTAURANT,
6700 PENN AVENUE C.L. 7
C. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND
AWARD OF CONTRACT TO PRINT FOUR 1993 SEASONAL RECREATION
BROCHURES TO ARTCRAFT PRESS, INC. INCLUDING ALL PRINTING
SERVICES IN BASE BID A IN THE AMOUNT OF $28,506.20 C.L. 8
D. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR TWO HAND HELD ELECTRONIC METER READERS FROM WATERPRO
SUPPLIES CORPORATION IN AMOUNT OF $6,450 C.L. 9
E. CONSIDERATION OF APPROVAL OF 1993 LICENSE RENEWALS:
AIRPORT BOWL: FOOD ESTABLISHMENT, CIGARETTE RETAIL, BOWLING
ALLEY, RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR, FOOD-
VENDING MACHINES
BROWNING-FERRIS IND.: GARBAGE HAULER, 11 VEHICLES
EDDIE'Z SOUTHDALE CAR WASH: CAR WASH, CIGARETTE RETAIL,
SOFT DRINK, FOOD-RETAIL
FRENCHMAN'S INC.: FOOD ESTABLISHMENT, CIGARETTE RETAIL, ON-
SALE NON-INTOXICATING MALT LIQUOR, SOFT DRINK
GODFATHER'S PIZZA: SOFT DRINK, FOOD ESTABLISHMENT, FOOD-
VEHICLE, RETAIL ON-SALE NON-INTOXICATING MALT LIQUOR
KINHDO RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, ON-SALE
NON-INTOXICATING MALT LIQUOR
LARIAT LANES: FOOD ESTABLISHMENT, SOFT DRINK, BOWLING
ALLEY, ON-SALE NON-INTOXICATING MALT LIQUOR
PENN AVENUE MOTORS, INC.: MOTOR VEHICLE DEALER
• RICHFIELD-BLOOMINGTON HONDA: MOTOR VEHICLE DEALER
RICHFIELD MITSUBISHI: MOTOR VEHICLE DEALER
S & R DETAILING: AUTO DETAILING
SANDY'S TAVERN: ON-SALE NON-INTOXICATING MALT LIQUOR, SOFT
DRINK, POOL/BILLIARD, CIGARETTE RETAIL, OFF-SALE NON-
INTOXICATING MALT LIQUOR, FOOD ESTABLISHMENT
TIP TOP CAR WASH: CAR WASH
TOWN TAXI, INC.: 7 VEHICLES
VINA RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, NON-
INTOXICATING MALT LIQUOR
WALLY MCCARTHY'S OLDS, INC.: MOTOR VEHICLE DEALER
WALSER BUICK: MOTOR VEHICLE DEALER
WOODLAKE SANITARY SERVICE: GARBAGE HAULER, 8 VEHICLES
PUBLIC HEARINGS
5. PUBLIC HEARING AND SECOND READING OF ORDINANCE CODE
AMENDMENT TO CITY CODE SECTION 305.01, SUBDIVISIONS 4 AND 5,
REGARDING COMPOSITION AND RESPONSIBILITIES OF HUMAN RIGHTS
COMMISSION
COUNCIL LETTER NO. 10
6. PUBLIC HEARING AND SECOND READING OF ORDINANCE FOR SALE OF
• PROPERTY AT 6634 FOURTH AVENUE TO HRA AND AUTHORIZATION TO
ENTER INTO LICENSE AGREEMENT WITH HRA
COUNCIL LETTER NO. 11
u
ADMINISTRATIVE REPORTS & OTHER BUSINESS
7. CONSIDERATION OF SETTING DATE FOR 1993 LOCAL BOARD OF REVIEW
COUNCIL LETTER NO. 12
8. CONSIDERATION OF MAYOR'S APPOINTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSIONER
COUNCIL LETTER NO. 13
9. CONSIDERATION OF DESIGNATION OF COUNCIL LIAISON APPOINTMENTS
FOR 1993
COUNCIL LETTER NO. 14
AIRPORT BUSINESS
10. AIRPORT STATUS REPORT
CORRESPONDENCE
•
11. LEGISLATIVE REPORT
COUNCIL CHOICE
12. COUNCIL DISCUSSION ITEMS
13. CLAIMS AND PAYROLLS
ADJOURNMENT
Auxiliary aids for individuals with disabilities are available
upon request. Requests must be made at least 96 hours in advance
to the Administrative Services Director at 861-9702.
J
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 14
Agenda January 11, 1993
Issue Statement:
Designation of Council liaison appointments for 1993.
Background:
Members of the City Council serve as the City's representative on
various metropolitan agencies and the City's Boards and Commissions.
Each year, the Council appointments Council Members to serve on the
various agencies.
Recommended Motion:
Designate representatives for the various boards and agencies.
Basis of Recommendation:
1. The City needs representation on these boards and agencies.
Alternative Recommendation:
1. Defer the designation until a future Council meeting.
Discussion/Decision Mode:
This item has been placed on the January 11, 1993 City Council agenda
for Council consideration.
Respectfully submitted,
Jame Prosser
City anager
JDP:cak
9l
•
AGENCY
ASSOC. METRO MUNICIPALITIES
SOUTHWEST CABLE COMMISSION
NOISE
LEAGUE OF MINNESOTA CITIES
MASAC
RICHFIELD SCHOOL DISTRICT
STOREFRONT/YOUTH ACTION
0 ADVISORY BOARD OF HEALTH
COMM. SERVICES COMMISSION
HUMAN RIGHTS COMMISSION
HUMAN SERVICES COMMISSION
PLANNING COMMISSION
SISTER CITY COMMISSION
RICHFIELD COMMUNITY HUMAN
SERVICES PLANNING COUNCIL
FRIENDS OF WOOD LAKE
1992 LIAISON 1993 LIAISON
IVAN LUDEMAN, REP.
MARTIN KIRSCH, ALT.
JAMES PROSSER, DIR. _
IVAN LUDEMAN, DIR. _
WILLIAM BULLOCK, ALT.
STEVE DEVICH, ALT.
MICHAEL SANDAHL, REP.
IVAN LUDEMAN, REP.
JAMES PROSSER, ALT.
KRISTAL STOKES, REP.
GEORGE KARNAS,.REP.
MICHAEL SANDAHL, ALT.
JAMES PROSSER, ALT.
MICHAEL SANDAHL, REP.
KRISTAL STOKES, ALT.
JACK ERSKINE, LIA.
IVAN LUDEMAN, ALT.
MARTIN KIRSCH, LIA. _
KRISTAL STOKES, ALT.
WILLIAM BULLOCK, LIA.
IVAN LUDEMAN, ALT.
WILLIAM BULLOCK, LIA.
KRISTAL STOKES, ALT.
MARTIN KIRSCH, LIA. _
WILLIAM BULLOCK, ALT.
MARTIN KIRSCH, LIA. _
WILLIAM BULLOCK, ALT.
MARTIN KIRSCH, LIA.
JAMES PROSSER, ALT.
IVAN LUDEMAN, REP.
NO ALTERNATE
WILLIAM BULLOCK, REP.
[3 yr. term with 2 yrs. remaining]
NO ALTERNATE
CITY OF RICHFIELD, MINNESOTA
Council Letter No.13
Agenda January 11, 1993
Issue Statement:
Council confirmation of the Mayor's appointment of a Housing and
Redevelopment Authority Commissioner..
Background:
Due to the•retirement of Commissioner Ivan Ludeman, a vacancy has
been created on the Housing and Redevelopment Authority (HRA).
This is an unexpired five year term which will end in October
1994.
Under State law, the Mayor appoints HRA Commissioners subject to
confirmation of the City Council. The Mayor has indicated he
will make an appointment to the HRA for the remaining two years
of this five year term at the January 11, 1993 City Council
meeting.
Recommended Motion:
Confirm the Mayor's appointment of a Commissioner to the Housing
and Redevelopment Authority to fulfill the unexpired five year
term which will end in October 1994.
Basis of Recommendation:
1. A vacancy on the Housing and Redevelopment Authority has
been created due to the retirement of Commissioner Ivan
Ludeman.
2. An appointment needs to be made to fulfill the unexpired five
year term which will end in October 1994.
Alternative Recommendation:
1. Continue the appointment to a future Council meeting.
Discussion/Decision Mode:
This item has been scheduled for the January 11, 1993 Council
meeting so the appointment can be made to ensure a full
complement'of members on the Housing and Redevelopment
Authority.
Respectfu],Iy submitted,
Jame D.
City Mar,
JDP:cak
sser
r
0
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 12
Agenda January 11, 1992
Issue Statement:
Setting a date for the 1993 Local Board of Review.
first local Board meeting each year, unless a longer period of
time is approved by the Commissioner of Revenue. However, the
Commissioner will not issue an extension past May 31.
Background:
Minnesota Statute 274.01 provides that the County Assessor shall
establish a date for Local Boards of Review each year, for the
purpose of reviewing the assessment of property within each
respective city in Hennepin County. The meetings are to be held
between March 1 and May 31 and must be preceded by at least 10
days published notice before the date of the first meeting. The
Board of Review must complete its work within 20 days of the
The County Assessor has recommended Monday, May 3, 1993, as the
date of the 1993 Local Board of Review meeting for Richfield.
The meeting will be scheduled to begin at 7:00 p.m. The City of
Richfield has typically held its Board of Review meeting the last
Monday in April. Last year a schedule conflict with a regular
City Council meeting resulted in the meeting being set for the
last Wednesday in April. There is no such conflict this year.
Approximately a month prior to the Local Board of Review meeting,
the Administrative Services Director and staff of the Hennepin
County Assessor's office assigned to Richfield will brief Council
Members on the Board of Review process and of typical cases that
may come before the Board.
Recommended Motion:
It is recommended that the City
Assessor's selection of Monday,
1993 Board of Review meeting.
Council confirm the County
May 3, 1993 at 7:00 p.m. for the
Basis for Recommendation:
1. The County Assessor coordinates the scheduling of all Local
Boards of Review in Hennepin County. He has recommended
Monday, May 3, 1993.
2. This meeting date allows ample time for the City to conclude
its Board business.
Alternative Recommendation:
1. The City Council could select another date for the Local
Board of Review Hearing and submit the date to the County
Assessor.
Discussion/Decision Mode:
• Hennepin County must make a schedule of Local Board of Review
hearings to facilitate the County Board hearings and to ensure
that needed information has been compiled prior to the Local
Board of Review meetings. Notification to Hennepin County should
be made as soon as possible, especially if an alternative day is
requested. In any event, Hennepin County would like this
information returned no later than January 15, 1993.
y submitted,
RespeInager
James osser
City JDP:vjb
•
0
?-C?L
TO:
HENNEPIN
FROM:
SUBJECT:
December 22, 1992
Thomas P. Ferber
Donald F. Monk
1993 Local Board of Review Dates
Monday , May 3, 1993
Day of the Week Date
Minnesota Law requires that I, as County Assessor, set the date for
your Local Board of Review meeting. After reviewing previous
meeting days and your suggestions of last year, the above date was
selected. I sincerely hope that it is agreeable with your council.
As there must be a quorum, I would suggest that an informal review
of your members with a request that they mark their calendars would
be appropriate.
Please confirm the date set out or call Tom May at 348-3046 'with
your alternative date by January 15, 1993, so that our printing
order can be completed on time. We suggest starting times of 6:30,
7:00, or 7:30 p.m., but will discuss it with you if you wish a
different time.
Your early completion and return of the attached tear off strip
will be appreciated and we will send your official notice for
posting as required by law.
Please return to JoDee Nelson, A-2103 Government Center,
Minneapolis, MN 55487.
-------------------------------------------------------------------
Confirmation
municipality:
Date:
Time:
Place:
0
Confirmed by
For selecting meeting dates in future years,
information will be helpful
the following
6
CITY OF RICHFIELD, MINNESOTA
Council Letter No.11
Agenda January 11, 1993
Issue Statement:
Public hearing and second reading of ordinance for the sale of
property at 6634 Fourth Avenue to the HRA, and authorization to
enter into a license agreement with the HRA.
Background:
At the November 23, 1992 meeting, the City Council authorized the
acquisition of 6634 Fourth Avenue and held the first reading of
an ordinance authorizing sale of the property to the HRA.
The City will use federal CDBG funds to acquire the property.
Upon sale to the HRA, the property would be developed by the Vo-
Tech under the New Home Program. HUD rules require that the City
purchase the property and subsequently, transfer it to the HRA to
re-sell at the appropriate time. A similar process was followed
by the City Council in April 1992. That process resulted in the
project now underway at 6501 15th Avenue.
It is anticipated that the City will acquire the property in
early 1993, contingent on the City and HRA entering into a
purchase agreement for $1.00. Sale of the property to the HRA
could occur as soon as February 22, 1993 if the second reading of
• the transitory ordinance is approved at the January 11, 1993
meeting. The seller is currently on a waiting list for senior
housing. Staff wishes to be flexible on the closing date to
allow the seller time to arrange for relocation to a new
residence. Acquisition should occur no later than April 1, 1993.
The HRA would be responsible for any holding or maintenance cost
incurred at the property after acquisition by the City. A
license agreement between the City and HRA would be entered into
to allow the HRA to perform site work, as necessary, prior to the
transfer of the property to the HRA. Site preparation work may
include property maintenance, demolition of the existing
structure, environmental evaluation and survey work.
Staff, in cooperation with Vo-Tech architectural drafting
faculty, is finalizing house project plans to meet all setback
requirements, compliment the design of neighboring homes and
incorporate interior features desirable in today's market. The
new house will have approximately 1,800 square feet of finished
living area. It will feature a split entry design with a living
room, dining area, kitchen, three finished bedrooms, two
bathrooms, and a deck area. Space in the lower level is provided
for a laundry area, future bedroom and a future family room.
Recommended Motion:
. It is recommended that the City Council take the following
actions:
(04
1. Conduct the public hearing and approve second reading of the
• transitory ordinance.
2. Enter into a license agreement with the HRA to allow property
maintenance and site preparation work prior to transfer of
the property to the HRA.
Basis of Recommendation:
1. The HRA has identified this property for a new home project
and authorized staff to acquire the property.
2. The City Council has authorized the acquisition of 6634
Fourth Avenue and sale of the property to the HRA with a
first reading of the ordinance.
3. The HRA will finalize a development contract with Vo-Tech in
February 1993 which coincides with the effective date of the
ordinance.
4. A finding has been made by the Planning Commission that
acquisition and disposition of the property is in conformance
with the Comprehensive Plan.
5. The adoption of a transitory ordinance is necessary to
effectuate a sale of City owned property.
• Alternative Recommendation:
1. Do not give second reading of transitory ordinance.
2. The City can choose not to enter into a license agreement
with the HRA for site work.
These actions would negatively impact the proposed development of
the site.
Discussion/Decision Mode:
Timely sale of the property from the City to the HRA requires
publication of a transitory ordinance following the January 11,
1993 meeting.
ly submitted,
Jame
City M nProsser
ager
JDP:ds
0
6- C)-
. TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA (6634 FOURTH AVENUE SOUTH)
The City of Richfield Does Ordain:
Section 1.
The following described real property located in the City of
Richfield, County of Hennepin, State of Minnesota, is hereby
authorized to be sold, transferred or otherwise disposed of, and
conveyed by the City as herein provided:
Lot 9, Block 3, McCutchan's Portland Avenue Park
Section 2.
The Mayor and City Manager are hereby authorized to take all
action as is required to sell, transfer, or otherwise dispose of
and convey the real property described in the foregoing Section
1, including, by way of illustration and not limitation, the
execution of all documents, purchase agreements, deeds of
• conveyance, and other instruments connected with such sale,
transfer or disposition and conveyance.
Passed this 11th day of January, 1993 by the Richfield City
Council.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
5
CITY OF RICHFIELD, MINNESOTA
. Council Letter No.10
Agenda January 11, 1993
Issue Statement:
Public hearing and second reading of an ordinance code amendment
to City Code Section 305.01, subdivisions 4 and 5, regarding
composition and responsibilities of the Human Rights Commission.
Background:
Recently, members of the Richfield Human Rights Commission
reviewed the ordinance code provisions which govern the
membership and responsibilities of the Commission. Two issues
were identified by the Commission which they believed needed
modification.
Composition of the Commission
Section 305, subdivision 4, now states that the two youth members
to the Commission shall not be considered when determining a
quorum. The proposed ordinance amendment here would strike that
language and state that the youth members be given all rights,
privileges and responsibilities granted to other appointed
members. In essence, this would ensure that the youth
Commissioners are equal and full members of the Commission.
Commission Responsibilities
The Human Rights Commission has sponsored an Ethnic Day
Celebration for Richfield for the past few years. In addition,
the Commission annually determines a Citizen of the Year award,
and participates in other activities that permit ethnic and
cultural diversity. Currently, the ordinance does not
specifically provide for the Commission to undertake or sponsor
such events. The proposed ordinance amendment would provide that
the Commission shall develop and implement programs that enhance
the advancement of human rights in the community and promote an
awareness of an-appreciation for cultural diversity. It is the
Commission's belief that programs such as these are a critical
part of the Commission's responsibility.
Recommended Motion:
Conduct a public hearing and approve second reading of the
ordinance code amendment to City Code Section 305.01,
subdivisions 4 and 5.
Basis for Recommendation:
1. The Human Rights Commission has considered these two issues
and unanimously recommends adoption of the proposed
amendments.
2. Youth members to the Commission are voting members that
should be considered for a quorum and be subject to full
• participation.
5-1
3. Events such as the Ethnic Day Celebration have been conducted
10 in the past and have been extremely successful and will be
sponsored in the future. The proposed language gives an
ordinance basis for the activity.
4. First reading of the proposed amendment was conducted and
passed on December 14, 1992. The legal notice was published
in the December 30, 1992 issue of the Richfield Sun Current.
Alternative Recommendation:
1. Make no amendments to the ordinance and leave the language as
it now stands.
Discussion/Decision Mode:
The public hearing and second reading have been scheduled for
January 11, 1993.
y submitted,
Jame5IVI Prosser
City nager
JDP:cak
•
r?
5-J-
BILL NO.
AMENDMENT TO SECTION 305
OF THE CITY CODE
OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 305 of the City Code of the City of Richfield
entitled "Administration; commission; boards" is hereby amended
as follows:
Section 305.01. Establishment of Human Rights Commission
Subd. 4. Composition of the commission. The commission consists
of thirteen members appointed by the council. Eleven members
shall be appointed for terms of three years, except that (i) a
person appointed to fill a vacancy occurring prior to the
expiration of the term for which the predecessor in that term was
appointed shall be appointed only for the remainder of such, and
(ii) two persons shall be appointed as "youth" members for one
year terms. The two youth members shall be given all rights,
privileges and responsibilities granted to the other appointed
members. Upon the expiration of the member's term of office, a
member shall continue to serve until a successor is appointed and
qualifies. Members serve without compensation and may be removed
from office at any time by the council, but after a public
hearing if a hearing is requested by the member whose removal is
being considered. Youth members shat of be considered wh
determining a quorum.
Subd. 5. Commission's responsibilities. The commission shall:
(h) develop and implement programs that enhance the
advancement of human rights in the community and that promote an
awareness of and appreciation for cultural diversity.
Passed by the City Council of the City of Richfield,
Minnesota this 11th day of January, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
q b
CITY OF RICHFIELD, MINNESOTA
Council Letter No.9
Agenda January 11, 1993
Issue Statement:
Purchase in excess of $5,000 for two hand held electronic meter
readers.
Background:
The City Council policy resolution on purchasing provides that when
the purchase of merchandise, materials, equipment or construction
exceeds the amount of $5,000, authority to purchase shall be
submitted to the City Council for consideration. The 1993 budget
allocates $6,000 for new readers.
The readers, Touchread Solid State Interrogators, are used to
retrieve water meter readings from outside reader boxes. The meter
readings are electronically stored in the readers and then
transmitted to the City computer. Richfield currently uses the
2000 series, which is being replaced by the upgraded 3000 series in
order to.read the new generation of meters. The quotation includes
the communication charging racks, carrying belt system and trade-in
of all old equipment.
Staff requested quotations from two distributors with the following
results:
Sensus Technologies, Inc. $6,550
• WaterPro Supplies Corporation 6,450
Recommended Motion:
Approve a 1993 purchase order to WaterPro Supplies Corporation in
the amount of $6,450.
Basis of Recommendation:
1. The current Touchread Solid State Interrogators are being
replaced with the upgraded 3000 series for meter reading.
2. WaterPro Supplies Corporation submitted the lowest quotation
for two complete Touchread Solid State Interrogator packages.
3. The 1993 Water Maintenance budget will be revised by an
additional $450 to reflect the increased cost of equipment.
Alternative Recommendation:
Council may choose not to accept any of the quotations and instruct
staff to obtain new quotes. However, this is highly technical
equipment and availability is limited. WaterPro Supplies
Corporation is a reputable supplier of this equipment.
Discussion/Decision Mode:
Staff requests approval at the January 11, 1993 Council meeting.
Re c lly submitted,
0 Jam D. Prosser
Ci y anager
JDP:ds
qc-
CITY OF RICHFIELD, MINNESOTA
Council Letter No.g
Agenda January 11, 1993
Issue Statement:
Award contract to print four 1993 seasonal recreation brochures.
Background:
On December 14, 1992, in accordance with legal requirements, bids
were opened for printing of the 1993 seasonal recreation
brochures. Specifications were distributed to 30 vendors. Four
bids were received. Attached is the bid tabulation sheet which
lists the bidders. There were four options to bid:
Base Bid A: Includes printing services as specified
provided by the vendor, the publication printed
on bond paper, and the layout and art work are
provided by the City.
Alternate A: Includes everything in Base Bid A, except the
publication is printed on recycled paper.
Base Bid B: Includes all printing services. The City does
not provide the layout and art work, and the
publication is printed on bond paper.
0 Alternate B: Includes everything in Base Bid B, except the
publication is printed on recycled paper.
Spring, Summer, Fall and Winter recreation brochures are
distributd to each resident in the City. The school district
participates in the brochures by including classes offered by
their Community Education Department and sharing proportional
cost of the publications. The specifications were also written
to provide for renewal of the contract in 1994 upon mutual
agreement of the City and the contractor. There are sufficient
funds in the 1993 adopted operating budget for the City's share
of the four publications.
The City made recycling efforts in several areas including the
printing process of previous brochures. The 1991 contract was
with Artcraft Press, Inc. in the amount of $28,893 which included
use of recycled paper. However, the staff is recommending not to
use recycled paper as a part of this contract for two reasons: 1)
the additional cost is approximately $2,000 and 2) the "De-inking
Process" creates a residue that also presents itself as a waste
disposal problem. The Community Education administration has
agreed with this recommendation.
Recommended Motion:
Approve the bid minutes/tabulation and award the contract for the
1993 seasonal recreation brochures to Artcraft Press Inc. in the
amount of $28,506.20 which includes all printing services in Base
Bid A.
4C-/
Basis of Recommedation:
1. Artcraft Press, Inc. submitted the lowest responsible bid.
2. There are sufficient funds available for this purchase.
Alternate Recommendation:
1. To choose one of the other bids from Artcraft Press, Inc.:
Alternate Bid A, Base Bid B, or Alternate Bid B.
2. The Council may choose to reject all bids and readvertise.
However, this could affect the publishing date for the first
brochure in 1993, and staff feels lower bids are unlikely.
Discussion/Decision Mode:
The bids received December 14, 1992 are to remain in effect for a
period of 30 days. January 11, 1993 is the only Council meeting
to fall within this time period. Council should take action at
this time.
Respectfq,1ly submitted,
0
Jam s` D. Prosser
Cit Manaaer
JDP:ds
Attachment
11
c0 to
3: 0
3
4
a
(0
A
CO P
O
0) a) a)
>
.
4-) Q) .0
(0 .4" U
? N
CJ) 44
O 0
0
•r( a) 0
r to -,-I
amN
ON
p
? a??
°
°
o4-)
r
14 4-)
H 0) 4-) -r j P
0 r.
0
W •E•) 4-)
rz
N
CY)
a) 4)
U
N
ON U z
(a r. r-I
?? ? O(00
LO r. 0
Na 0 z 01 $4
o(o
o $4 aa)
ro
• w
0 b r•I a) a
b4" , 0 to (a
z 3o3
O
U
%44 (D
D4 A
O a)
b rI
U ?U
?
E A•
W w p b w
OO
p
s~ P
u
r-I
.rq w % (
0 (1)
?
° G
m iro
G)
A
P N 0
4-)
U 0 a) P •rl
a) a)
x 0?GN
? a c0
?
-
-r
.r-l O
N
N$4
'(
O
p00
>
5 A b
0 OE •(0
U
>4 DU)
ri 4-) A •r1 (0
ro ° a)
0 0?N
ri
S.Ir'
0)
ro H
(0
U) P-4
0 4-) ON
O a)
4-) r•
U -r)
? (0
A 4-)
4-) 0)
r. a)
a) k
a aa)
r-I a
a) k
a)
a) 0)
xA(c)
k >4 (0
a) +) E
U •0 ?
>4 5 •rl
UUU
N
A(o0 r.
E
aa) r-q k
r.?3x
4 >44
EM U
0
a)
a)
P4
------- -------
0 -------
0 -------
O -------
O
? >
c0 ?
$ c
$
4 r-I O 10 co :3
0 co r.
.N % (0
r-I
H w E- 10
Q M M M M
V! O O O O
a O O O O 4-)
Im
c0
• O O M O?
U') 0
a) n M ON O N
!A 10 N N M a)
M M M M b
.rl
O O U
? O O
m
0
Q a) r-i 0
0 d1 M
H
Q M M M M (1)
OD +'
A
Q O O N O
fYl
..
O
O
?
ra 0 ON U)
:1 a) r- N LO ao a)
p A
(n 00 C) co 0
(0 N M N M b
rc$
to 0 3
N H ? a)
w w0 a
b
b Aa NU U a
) 0
r. H •rl (1) rl a) •r1 (1) •H a) •rq
c0 m .0 4 P4 P4 4 A
W m
0 pU $4U ((au
N 4
N U U U U
4-) 4-)
_
ri 4-) t;
O ?
A .
H
iQ a)
a) o
N H U U
(1) 0
3 r O
U H H U
G O
b O .C 0) 4
r. ri P4 0 > a) 4-)
r? b r-1 a O r-I •r1
w a 0 UU
O (a a 0 w E
r-i
`a a ?
? )
a a 0 $4 (1) p a) ON
?r. w U CYN
44 ro? ? a r-4
`N •rl a) 4-) N •r4 >1 R)
E -- -- -- - -- -- -- - -- -- -- - -- -- -- - -- -- -- - E .-I
U
•r1
U
a)
A
?4
a)
w
a
°
c0
E
4
E
11/5
CITY OF RICHFIELD, MINNESOTA
. Council Letter No. 7
Agenda January 11, 1993
Issue Statement:
Setting date of public hearing for consideration of the issuance
of a new wine license for the Silver Spoon Restaurant, 6700 Penn
Avenue.
Background:
An application for a new wine license for Silver Spoon Restaurant
has been received by the City. City ordinance provides that the
City Council conduct a public hearing to consider all wine
license applications.
Recommended Motion:
Schedule January 25, 1993 as the date to hold a public hearing on
the new application for wine license for the Silver Spoon
Restaurant of Richfield.
Basis for Recommendation:
1. Hearings must be scheduled and held before a new license may
be considered.
2. The new process has been initiated.
• 3. Holding the public hearing on January 25, 1993 will provide
ample time to complete the licensing process..
Alternative Recommendation:
1. Schedule the hearing for another date. However, this may
delay the licensing process.
Discussion/Decision Mode:
Action at the January 11 Council meeting to schedule the public
hearing on January 25, 1993 will provide sufficient time for
legal publication of the hearing.
Respectf?'u?ly submitted,
Jam Prosser
Cit M naaer
JDP:ds
y/9
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 6
Agenda January 11, 1993
Issue Statement:
Two resolutions to approve an agreement with the Soo Line
Railroad for permission to have 77th Street cross the railroad
tracks and an agency agreement with the Commissioner of
Transportation to have the Minnesota Department of Transportation
act as the City's agent to receive federal funds to perform the
construction needed to create a highway-railroad grade crossing
at 77th Street.
Background:
The City and Soo Line Railroad officials have prepared a
stipulation agreement to permit 77th Street to extend across the
Soo Line Railroad tracks. The agreement calls for the following
construction work:
? the relocation of the existing rail switch to just south of
77th Street so that cars only have to cross one set of tracks
instead of the two sets currently in place;
? the removal of a spur track on the Lampert property which the
City now owns; and
? the construction of a grade crossing with a railroad flashing
signal.
Total construction costs may range from $240,000 to $300,000.
The lump sum maintenance costs for the crossing are estimated at
$50,000. These costs may be reimbursed by federal and state
funds as part of the 77th Street project.
The railroad company wanted the closure of an existing crossing
to permit the new one at 77th Street. City staff opposed this
condition; instead, staff agreed to support the closure of the
78th Street railroad crossing upon approval by Minnesota
Department of Transportation (MnDOT). MnDOT plans to close 78th
Street as part of the 1494 reconstruction.
If the City Council approves the attached resolutions, the
stipulation agreement will be submitted to a State appointed
administrative law judge who will issue a crossing permit over
the railroad company's track. This is needed to build Phase I
the 77th Street project in 1993. The agency agreement will be
signed by the City and MnDOT allowing federal funds to be used
build the railroad grade crossing. The City also will hire the
Soo Line Railroad Company to build the highway-railroad grade
crossing.
of
to
• Recommended Motion:
Approve the attached resolutions.
z4P-I
Basis of Recommendation:
• 1. The crossing is needed to accomplish the 77th Street plan.
2. The 78th Street frontage road crossing could be closed in
conjunction with the 1494 improvements.
3. This rail line is being considered for abandonment.
Alternative Recommendation:
None..
Discussion/Decision Mode:
This item is on the consent calendar of the January 11, 1993 City
Council agenda. Action is requested at this time to obtain an
easement for 77th Street to cross the Soo Line Railroad tracks
and not delay the construction of the 77th Street project.
Respectf 1 y submitted,
James Prosser
City a ager
JDP:ds
Attachments
U
'1' A p2
•
0
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING EXECUTION OF AN AGENCY.AGREEMENT WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR FEDERAL PARTICIPATION IN RAILROAD FORCE ACCOUNT WORK FOR THE
77th STREET PROJECT
IN THE CITY OF RICHFIELD
BE IT RESOLVED, that pursuant to Minnesota Statutes, Sec.
161.36, the Commissioner of Transportation be appointed as Agent
of the City of Richfield to accept as its agent, federal aid
funds which may be made available for eligible highway-railroad
grade crossing work for S.P. 157-108-12.
BE IT FURTHER RESOLVED, that the Mayor and the City Engineer
are hereby authorized and directed for and on behalf of the City
to execute and enter into an Agency Agreement with the
Commissioner of Transportation prescribing the terms and
conditions of said federal aid participation as set forth and
contained.in Agreement No. , a draft of which said Agreement
is before the Council and which is made a part hereof by
reference.
Adopted this 11th day of January, 1993.
Martin J. Kirsch Mayor
Attest:
Thomas P. Ferber City Clerk
0
i
12/17/92
. AGREEMENT NO
OFFICE OF STATE AID
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY AGREEMENT WITH THE CITY OF.RICHFIELD
FOR FEDERAL PARTICIPATION IN
RAILROAD FORCE ACCOUNT WORK
i S.P. 157-108-12, M.P.
This Agreement made and entered into by and between the City
of Richfield, hereinafter referred to as the "City" and the
Commissioner of Transportation of the State of Minnesota,
hereinafter referred to as the "Commissioner"..
W I T N E S S E T H:
WHEREAS, Minn. Stat. S 161.36 pertaining to Federal Aid
provides that the Commissioner may act as agent for any
governmental subdivision of the State in accepting federal aid in
its behalf; and
WHEREAS, an executed agency agreement between the Commissioner
and the City appoints the Commissioner as agent for the City with
respect to federally funded projects and sets forth letting,
payment and other procedures for all federal aid contracts to be
let on behalf of the City, and
WHEREAS, the City is proposing to implement the construction
of a highway-railroad grade crossing project at the intersection of
77th Street and the Soo Line Railroad's Nicollet Avenue Spur Track;
and
WHEREAS, said highway-railroad grade separation project will
require the performance of certain force account work by Soo Line
Railroad Company; and
WHEREAS, the City desires to obtain federal aid participation
In eligible costs of said railroad force account work, and
WHEREAS, the existing agency agreement between the
Commissioner and the City does not include provisions for the
Commissioner to act as the City's agent in accepting and receiving
federal funds for railroad force account work r
NOW, THEREFORE, it is mutually agreed as follows:
i. Appointment. That pursuant to Minn. Stat. S 161.36 the city
•does hereby appoint the Commissionez its gent to accept and
;receive all federal funds made available for railroad force account
i
. 1
Z ' d N3At1a? '8 S3W10H E2: T T 26. 82 ?)K
qp- q
work on S.P. 157-108-12. Said force account work shall be in
accordance with the Construction and Maintenance Agreement which is
to be executed between the City and the Soo. Line Railroad Company.
2. ELIGIBILITY. The force account work by the Soo Line Railroad
Company to be considered for eligibility for federal participation
will be as described in the Stipulation Agreement between the City
and the Soo Line Railroad Company, including attached "standard
Provisions for Highway-Railroad Agreements" (Exhibit A. attached
hereto).
Any portion of the work which has been performed prior to
specific written authorization from the commissioner or his
representative will not be eligible for federal aid participation.
3. LIAISON, AUDIT, EVALUATION AND MONITORING. The commissioner
shall make the necessary requests to the Federal Highway
Administration for authorization of federal participation in
railroad force account work and reimbursements therefor under the
terms of this agreement. To insure compliance with all applicable
feder?l regulations and laws, the Commissioner, or his
representative, shall have the right to audit, evaluate and
monitor, as deemed necessary, the work to be performed under this
agreement. In addition, as to the project, the Commissioner shall
be accorded proper facilities for inspection of the work hereunder
and shall at all times have access to the premises, to all books,
records, correspondence, instructions, receipts, vouchers, and
memor nda of every description pertaining to the work hereunder.
The Federal Highway Administration shall have the same right of
inspection as accorded the Commissioner herein.
4. RECORDS. The City shall maintain accurate records as to all
costs incurred in connection with the subject of this agreement and
shall produce or cause to be produced for examination bills,
invoices, vouchers and other reports and information at such.
reasonable time and place as may be designated by the Federal
Highway Administra-tion or by the Commissioner or his duly
authorized representatives and shall permit extracts and copies to
be made thereof.
5. COMPLIANCE WITH LAWS. The City shall comply with all Federal,
State and local laws, together with all ordinances and regulations
applicable to the work.
6. SINGLE AUDIT REQUIREMENTS. The City shall comply with the
Single Audit Act of 1984 and Office of Management and Budget (OMB)
Circular A-128 as follows:
If the city receives. total direct and indirect federal
assistance of:
A. $100,000 or more per year, the city agrees to obtain a
financial and compliance audit made in accordance with the Single
Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget
T(OMB) Circular A-128. The law and circular provide that the audit
2
E'd N3nd65 I S3w10H EZ:ti 26, BE D3Q
{A 5
shall cover the entire operations of the City government or, at the
• option of the City government, it may cover departments, agencies
or establishments that received, expended or otherwise administered
federal financial assistance during the year. However, if the City
government receives $25,000 or more in General Revenue Sharing
Fund, in a fiscal year, it shall have an audit of its entire
operations.
B. Between $25,000 and $100,000 per year, the City agrees to
obtain either:
1. a financial and compliance audit made in accordance with
the Single Audit Act of 1984 and OMB Circular A-128, or
2. a financial and compliance audit of all federal funds.
The audit must determine whether the subrecipient spent federal
assistance funds in accordance with applicable laws and regulations
and the audit must be made in accordance with any federal laws and
regulations governing the federal programs the subrecipient
participates in.
Audits shall be made annually unless the state or local
government has, by January 1, 1987, a constitutional or statutory
requirement for less frequent audits. For those governments, the
cognizant agency shall permit biennial audits, covering both years,
if the government so requests. It shall also honor requests for
. biennial audits by governments that have an administrative policy
calling for audits less frequent than annual, but only for fiscal
years beginning before January 1, 1987.
The audit shall be made by an independent auditor. An
independent auditor is a state or local government auditor or a
public accountant who meets the independence standards specified in
the General Accounting Office's Standards for Audit of Governmental
Organizations, Programs, Activities and Functions.
The audit report shall state that the audit was performed in
accordance with the provisions of OMB Circular A-128 (or A-110 as
applicable).
The audit report shall include:
A. The auditor's report on financial statements and on a
schedule of federal assistance, the financial statements, and a
schedule of federal assistance, showing the total expenditures for
each federal assistance program as identified in the Catalog of
Federal Domestic Assistance. Federal programs or grants that have
not been assigned a catalog number shall be identified under the.
caption."other federal assistance."-
B. The auditor's report on the study and evaluation of
internal control systems must identify the organization's
• significant internal controls, and those controls designed to
provide reasonable assurance that federal programs are being
managed in compliance with laws and regulations. It must also
3
qp-?
identify the controls that were evaluated, the controls that were
not evaluated, and the material weaknesses identified as a result
of the evaluation.
C. The auditor's report on compliance-containing:
1. a statement of"positive assurance with respect to
those items tested for compliance, including compliance with law
and regulations pertaining to financial reports and claims for
advances and reimbursements;
2. negative assurance on those items not tested;
34 a summary of all instances of noncompliance;
4. an identification of total amounts questioned, if
any, for each federal assistance awarded, as a result of
noncompliance; and
5. a statement on the status of corrective action taken
on prior findings;
6. refer to the use of the standards required by the
Minnesota Legal Compliance Audit Guide for Local Governments,
prepared by the Office of the State Auditor. The purpose of.this
guide is to establish compliance guidelines for verification by
auditors auditing political subdivisions of the state.
In addition to the audit report, the recipient shall provide
comments on the findings and recommendations in the report,
including a plan for corrective action taken or planned and
comments on the status of corrective action taken on prior
findings. If corrective action is not necessary, a statement
describing the reason it is not should accompany the audit report.
The City agrees that the grantor, the Legislative Auditor, and
any independent auditor designated by the grantor shall have such
access to grantee's records and financial statements as may be
necessary for the grantor to comply-with the Single Audit Act and
OMB Circular A-128.
Required audit reports must be filed with the Office of State
Auditor, Single Audit Division and state agencies providing federal
assistance, within six months of the City's fiscal year end. If a
federal cognizant audit agency has been assigned for the City,
copies of required audit reports will be filed with that agency
also.
Recipients of more than $100,000 in federal assistance must
also submit one copy of the audit report within 30 days after
issuance to the central clearinghouse. Audit reports should be
sent to:
4
09-7
Bureau of Csnaus
• Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
7. NONDISCRIMINATION BEGULATIONS. During the performance of this
agreement, the City itself, is assignees and successors in
interest, agrees to comply with Title VI of the Civil Rights Act of
1964, as amended. Accordingly, 49 Code of Federal Regulations
(CFR) 21 through Appendix H and 23 CFR 710.405(b) are made a part
hereof by reference with the same force and effect as though fully
set forth herein.
S. MINORITY BUSINESS ENTERPRISE POLICY. It is the policy of the
Federal Department of Transportation and the State that
Disadvantaged Business Enterprises and Women Business Enterprises
as defined in 49 CFA, Part 23, shall have the maximum opportunity
to participate in the performance of contracts financed in whole or
in part with federal funds under this agreement. Consequently, the
requirements of 49 CFR, Part 23, apply to this agreement.
In this regard, the City shall take all necessary and reasonable
steps in accordance with 49 CPR, Part 23, to insure that
Disadvantaged Business Enterprises and Women Business Enterprises
have the maximum opportunity to compete for and perform on
contracts and subcontracts. The City shall not discriminate on the
basis of race, color, national origin, or sex in the award and
performance of federally funded contracts under the terms of this
agreement. Failure to carry out the above requirements shall
constitute a breach of this agreement and may result in termination
of the agreement by the State, and possible debarment from
performing other contractual services with the Federal Department
of Transportation.
9. ANTITRUST CLAUSE. The City hereby assigns to the State of
Minnesota any and all claims for overcharges as to goods and/or
services provided in connection with this agreement resulting from
antitrust violations which arise under the antitrust laws of the
United States and the antitrust laws of the State of Minnesota.
10. TERM OF AGREEMENT. This agreement shall be effective upon
execution by the Minnesota Department of Transportation and shall
remain in effect for five (5) years from such effective date or
when final audit and payment have occurred, whichever comes first.
Such termination shall not remove any unfulfilled financial
obligation of the City. The term of this agreement may be extended
by a properly executed supplemental agreement. The beginning date
of eligibility for federal reimbursement will be determined by the
provisions. of-the Federal Highway Administration's authorization
land approval.
i
become binding and
11. APPR Before this agrment shall
the City Council
;effective it shall be approved
5
9,d QAI 185 I S3W10H S2 : T T 26. 82 03G
and shall also receive the approval of ouch State officers as the
law may provide in addition to the Commissioner of Transportation.
12. ACCEPTANCE. The Commissioner accepts said appointment as
Agent of the.City and agrees to act in accordance herewith.
Dated: January _, 1993 CITY OF RICHFIELD
By
Its Mayor
I
i
And
its city
Dated: , 1992 STATE OF MINNESOTA
Approved as to form
By
its commissioner of
Transportation
City Attorney
i
i
Approved as to form
i
i
Attorney General
i
I
7tJLOM
?cias-iea
L'd
6
W3Atla9 I S3W10H 92: t 126, e2 03G
q - 9
• RESOLUTION NO.
THE CITY OF RICHFIELD,,MINNESOTA
RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION AGREEMENT WITH
SOO LINE RAILROAD FOR THE 77th STREET PROJECT
IN THE CITY OF RICHFIELD
WHEREAS, the City Council finds that its citizens and
property owners desire that the City widen 77th Street between
Interstate Highway No. 135W ("135W") and TH 77; and
WHEREAS, the Minnesota Department of Transportation
("MnDOT") has advised the City of MnDOT's intention to improve
Interstate Highway No. 1494 ("1494") by widening 1494; and
WHEREAS, MnDOT and the City have agreed that it is necessary
and convenient to widen 77th Street to replace the "frontage road
function" and for 1494 which is currently being served by 78th
Street; and
WHEREAS, the widening of
is becoming increasingly more
substantial amounts of presen
• considerably increase at such
and (b) provide an additional
and
77th Street ("77th Street Project")
necessary in order to accommodate
t traffic which is: (a) likely to
time as 78th Street is eliminated
East-West arterial within the City;
WHEREAS, the City has obtained commitments of substantial
financial assistance from the federal and state governments to
undertake the 77th Street Project; and
WHEREAS, BRW, Inc. and Orr, Schelen & Mayeron, Inc., the
consulting engineers retained by the City to design the proposed
improvements for the 77th Street Project, have identified various
parcels of real estate which must be acquired by the City in
order to construct the 77th Street Project and the City Council
has directed the City staff to acquire those parcels for that
purpose; and
WHEREAS, on August 24, 1992, the City Council adopted
Resolution No. 7908 requesting the Commissioner of the Minnesota
Department of Transportation to hold a hearing to determine
whether a public grade crossing should be established where 77th
Street would intersect the right of way and tracks of the Soo
Line Railroad, as provided in Minn. Stat. 219.072; and
WHEREAS, the City attorney-and City staff have now reached a
tentative agreement with the Soo Line Railroad for issuance of a
crossing permit which has been recommended for City Council
approval.
q.P -/o
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
is City of Richfield hereby: (a) authorizes the Mayor, City Clerk
and.City Attorney to execute the proposed Stipulation Agreement
between the City of Richfield and the Soo Line Railroad and to
otherwise proceed to obtain an Order of the Minnesota Department
of Transportation and the Administrative Law Judge to whom this
matter has been referred substantially in accordance with the
provisions of the Stipulation Agreement on file with the City
Clerk; and (b) authorizes the expenditure of funds in accordance
with the provisions of the Stipulation Agreement, subject to
reimbursement by the State of Minnesota to the extent expenses
qualify for reimbursement.
Adopted by the City Council of the City of Richfield, Minnesota,
this 11th day of January, 1993.
Martin J. Kirsch Mayor
Attest:
Thomas P. Ferber City Clerk
U
r 1
LJ
qP-11
STATE OF MINNESOTA
is
DEPARTMENT OF TRANSPORTATION
In the Matter of the Resolution of
City of Richfield Requesting the
Commissioner of the Minnesota
Department of Transportation to
Conduct a Public Hearing to
determine whether a public
Grade crossing should be established
where 77th Street, when constructed,
would cross the right of way and
tracks of the Soo Line Railroad
Company in Richfield, Minnesota.
STIPULATION AGREEMENT
BETWEEN CITY OF RICHFIELD
AND SOO LINE RAILROAD COMPANY
THIS AGREEMENT made and entered into by and between the CITY OF RICHFIELD,
Minnesota, hereinafter referred to as the "ROAD AUTHORITY" and SOO LINE RAILROAD
COMPANY, hereinafter referred to as the "COMPANY."
W I T N E S S E T H
•
THAT, WHEREAS, the ROAD AUTHORITY proposes to extend Seventy Seventh (77th)
Street across the right-of-way and track of COMPANY within the City limits; and
WHEREAS, the proposed 77th Street extension will require establishment of
a new public at-grade crossing ("Crossing") of the COMPANY'S Nicollet Avenue
Spurline track; and
WHEREAS, the ROAD AUTHORITY proposes to construct 77th Street substantially
as shown,on the plan attached hereto and marked Exhibit "A"; and
WHEREAS, the parties hereto desire to set forth the terms and conditions
for establishment, construction, operation, and maintenance of said Crossing; and
WHEREAS, authorization must be received from the State of Minnesota,
Commissioner of Transportation, for establishment of the proposed new grade
Crossing; and
WHEREAS, the parties hereto desire to set forth the terms and conditions
for compliance with an anticipated Order of the Minnesota Commissioner of
Transportation authorizing the proposed extension of 77th Street and
establishment of said grade Crossing.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreement as hereinafter contained, the parties hereto agree as follows:
Section 1. The "Standard Provisions for Highway-Railroad Agreements" attached
hereto as Exhibit C are hereby made a part of this Agreement.
Section 2. The ROAD AUTHORITY hereby agrees that it will negotiate with the
COMPANY for the granting by separate instrument and subject to the COMPANY'S
rights therein, of a right-of-way easement required for the construction and
maintenance of said 77th Street extension. COMPANY agrees that it will grant
such easement upon mutually agreeable terms.
Section 3. The ROAD AUTHORITY shall secure, or cause to be secured, all rights-
of-way or easements required for its project in addition to that provided for in
• Ra44528
RC145-183 1
Section 2 hereof and shall construct and complete its project all without cost
or assessment to the COMPANY.
Section 4. The parties hereto shall construct, or cause to be constructed, the
following items of work.:
1. WORK BY THE COMPANY. The COMPANY shall furnish, or cause. to be
furnished, at the expense of the ROAD AUTHORITY, all of the labor,
materials and work equipment required to perform and complete:
a. The preparation of the track installation of a ballast
subdrainage system and installation of a 75 foot concrete or
rubber (the final choice of material to be hereafter agreed
upon in writing by the COMPANY and ROAD AUTHORITY) crossing
surface with 8 foot treated timber extensions on both ends.
b. The installation of cantilevered flashing light signals and
automatic half roadway gates.
C. The relocation of the north run-around track switch to a point
south of the proposed grade crossing as shown on attached
Exhibit "B".
d. The removal of the Industry spur track switch and trackage as
shown in Exhibit "B".
e. Incidental work necessary to complete the items hereinabove
specified.
The estimated total cost of the work to be performed hereunder by the COMPANY at
the expense of the ROAD AUTHORITY as outlined above is $240,000, as indicated in
the detailed estimate of cost attached hereto and marked Exhibit "B".
• 2. WORK BY THE ROAD AUTHORITY. The ROAD AUTHORITY shall furnish or
cause to be furnished, at its expense, all of the labor, material
and work equipment required to perform and complete:
a. The construction of proposed 77th Street extended, including
utility work, grading, paving, installation of approach signs
and pavement markings, drainage facilities including the
connection of the terminus of the ballast subdrainage system
installed by the COMPANY under 1.a. above into the ROAD
AUTHORITY'S storm sewer system.
b. The paving of the roadway approaches up to the edge of the
concrete or rubber crossing surface and up to and between the
treated timber extensions installed by COMPANY under l.a.
above.
C. Incidental work necessary to complete the items hereinabove
specified.
SECTION 5. In compliance with the Federal Highway Program Manual, Volume 6,
Chapter 6, Section 2, Subsection 1, dated April 25,. 1975, and supplements which
determines COMPANY benefit and liability, the proposed grade Crossing improvement
meets Classification 1 of Paragraph 6(b), a category not considered as a benefit
to the COMPANY, and no contribution by the COMPANY is required.
SECTION 6. Upon completion of this project, the ROAD AUTHORITY shall maintain,
repair and renew the roadway and Crossing approaches up to the ends of the track
ties at its expense. The COMPANY shall, at the expense of the ROAD AUTHORITY,
R48
RC1C145-183 Z
qA-i3
maintain, repair and renew the Crossing and the Crossing warning devices in
accordance with Federal or State law as it shall be amended from time to time in
the future while it operates its line of railroad over such trackage and
Crossing, but this obligation to maintain, repair and renew said Crossing and
warning devices shall cease in the event the COMPANY abandons its railroad
operations over said track in the future, in which event the ROAD AUTHORITY may,
if.it desires, remove the trackage and restore the resulting pavement void and
maintain at its sole cost and expense.
Section 7. City agrees to use its best faith efforts to close the existing 78th
Street grade crossing over the COMPANY's tracks upon award of a contract by
Minnesota Department of Transportation (MNDot) for construction of additional
lanes on Interstate Highway 494 which require closing of 78th Street between
Lyndale Avenue and Nicollet Avenue, or as soon as allowed by MNDot, whichever is
sooner.
Section 8. The ROAD AUTHORITY may at its option and within ninety (90) days of
execution of this agreement elect to pay a lump sum in an amount, to be agreed
upon at such time as the final decision is made concerning the material to be
used in the construction of the crossing surface, to cover future maintenance,
repair and renewal expenses of the Crossing and Crossing warning devices under
section 6 of this Agreement. Payment of the lump sum is due within sixty (60)
days of the grade Crossing being opened to vehicular traffic. Upon payment
thereof the ROAD AUTHORITY shall have no further obligation under this agreement
for reimbursement of actual maintenance, repair and renewal costs as incurred by
the COMPANY.
Section 9. This Agreement shall take effect upon its approval by the City
Council of the City of Richfield and the State Aid Office of the Minnesota
Department of Transportation.
Section 10. Either COMPANY or ROAD AUTHORITY may unilaterally submit this
Agreement to the Commissioner of the Minnesota Department of Transportation and
the administrative law judge to whom this matter has been referred, for issuance
of an order issuing a crossing permit over COMPANY'S track for the benefit of
ROAD AUTHORITY.
Section 11. This Agreement shall be binding upon the parties hereto, their
successors or assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in duplicate counterparts, each of which shall be considered as an original by
their duly authorized officers, and on the dates below indicated.
Executed by the ROAD AUTHORITY this day of , 199_.
HOLMES & GRAVEN, CHARTERED CITY OF RICHFIELD
By By
Robert J. Lindall, 63277 Mayor
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337-9300
RC145-175
ATTORNEYS FOR CITY OF RICHFIELD
Attest:
City Clerk
Rn44528
RC145-183 3
LIA-/14
CANADIAN PACIFIC LEGAL SERVICES
BY:
Patrick J. Nugent, 188189
Suite 1000, Soo Line Bldg.
P.O. Box 530
Minneapolis, MN 55440
SOO LINE RAILROAD COMPANY
By.
J.A. Inshaw
Chief Engineer
Executed by the COMPANY this
day of , 199.
WITNESS:
STATE OF MINNESOTA )
88.
COUNTY OF )
On the day of , 1992, the Mayor of the City
of Richfield, a municipal corporation under the laws of Minnesota, appeared
before me and he did say that he executed the foregoing instrument pursuant to
authority granted him by the City Council of said City of Richfield.
Notary Public
•
STATE OF MINNESOTA )
se.
COUNTY OF )
On the day of , 1992, the City Clerk of the
City of Richfield, a municipal corporation under the laws of Minnesota, appeared
before me and he did say that he executed the foregoing instrument pursuant to
authority granted _ by the City Council of said City of Richfield.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
On the day of , 1992, appeared before me and
he did say that executed. the foregoing instrument on behalf of Soo Line
Railroad COMPANY, a corporation under the laws of , in accordance
with authority granted to by the Board of Directors of said corporation.
Notary Public
R48
RC1C165-183 4
4P-/5
EXHIBIT C
. STANDARD PROVISIONS FOR HIGHWAY-RAILROAD AGREEMENTS
1. The COMPANY, for performance of its work, may bill the ROAD AUTHORITY
monthly for the ROAD AUTHORITY'S share of the actual costs and expenses
incurred. These progressive invoices may be rendered on the basis of the
estimated percentage of the work completed. The ROAD AUTHORITY, after
verifying that the bill is reasonable and proper, shall promptly reimburse
the COMPANY.
The COMPANY, upon the completion of its work, shall send the ROAD
AUTHORITY a detailed final statement of actual expenses it incurred,
including allowable additives. After the ROAD AUTHORITY'S representatives
have checked the final statement and have agreed that the costs are
reasonable and proper insofar as they are able to ascertain, the ROAD
AUTHORITY shall reimburse the COMPANY in an amount, less previous
payments, if any, equal to the amount billed.
After the ROAD AUTHORITY representatives have audited the expenses
incurred by the COMPANY and final inspection of the installation has been
made, the COMPANY shall reimburse the ROAD AUTHORITY for any item (or
items) of expense found by ROAD AUTHORITY representatives to be ineligible
for reimbursement.
2. It is understood that the project herein contemplated shall be subject to
all appropriate Federal laws, rules, regulations, orders and approvals
pertaining to all agreements in general. The use of said guidelines for
reimbursement between the parties hereto shall not be deemed to require
reimbursement of the ROAD AUTHORITY by the Federal Highway Administration
as a condition precedent to the ROAD AUTHORITY'S obligation.
• 3. All work herein provided to be done by the ROAD AUTHORITY or its
contractor or contractors on the right-of-way or upon, over, under or
across the railroad tracks of the COMPANY shall be done in a manner
satisfactory to the COMPANY and shall be performed at such time and in
such manner as not to interfere unnecessarily with the movement of trains
or traffic upon the tracks of the COMPANY. The ROAD AUTHORITY shall
require its contractor or contractors to use all care and precaution
necessary to avoid accident, damage or. interference to the COMPANY'S
tracks or to the trains or traffic using its tracks, and to notify the
COMPANY a sufficient time in advance whenever the contractor is about to
perform work adjacent to the tracks to enable the COMPANY to arrange for
or furnish flagging and such other protective service as might be
necessary to insure safety of railroad operations. The COMPANY shall have
the right to furnish all such flagging or protective service as in its
judgement is necessary, and the ROAD AUTHORITY or its contractor or
contractors shall reimburse the COMPANY for the cost thereof. Wherever
safeguarding of trains or traffic of the COMPANY is mentioned in this
agreement, it is intended to cover all users of the COMPANY'S track having
permission for such use.
4. The ROAD AUTHORITY shall require its contractor or contractors, upon
completion of the work, to remove all machinery, equipment, temporary
buildings, falsework, debris and rubbish from COMPANY right-of-way, to
provide proper drainage away from COMPANY tracks, and to leave the tracks
and right-of-way in a neat. condition, satisfactory to.the COMPANY'S Chief
Engineer or his representative.
0 RJL44528
RC145-183 C-1
LA- /(o
5. Any contract between the ROAD AUTHORITY and its contractor or sub-
contractor to perform the work herein provided to be done by the ROAD
AUTHORITY shall require that contractor or subcontractor protect SOO LINE
RAILROAD COMPANY, and any other railroad occupying or using COMPANY
right-of-way or lines of railroad with the permission of the COMPANY,
against all loss and damage arising from the activities of the contractor,
its forces, or any of his subcontractors or agents, and shall further
provide that the contractor shall furnish the COMPANY a Railroad
Protective Liability Insurance Policy providing for protection of the
COMPANY, in accordance with the Federal Highway Administration Federal-Aid
Highway Program Manual Volume 6, Chapter 6, Section 2, Subsection 2, dated
April 25, 1975. The limits of such policy shall be not less than
$2,000,000 combined single limit per occurrence for bodily injury, death,
property damage and physical damage to property, with an aggregate limit
of not less than $6,000,000 per policy period. The insurance policy shall
be delivered to and approved by the COMPANY prior to entry upon or use of
its property to commence work upon, over, under, across or adjacent to
COMPANY tracks by any contractor.
6. Subsequent to the award of any contract, and before any work is started on
this project, a conference shall be held between the representatives of
the ROAD AUTHORITY, the COMPANY, and the interested contractor at a time
and place designated by the ROAD AUTHORITY for the purpose of
coordinating the work to be performed by the several parties and at such
time a schedule of operation will be adopted.
7. The COMPANY will credit the ROAD AUTHORITY for the salvage value of all
track, communication and signal line materials used on a temporary basis
during the construction of the project and accepted by the COMPANY for
return to its stock.
The ROAD AUTHORITY shall be afforded a reasonable opportunity to inspect
. materials recovered by the COMPANY prior to disposal by sale as scrap.
8. When the roadway is to be closed to vehicular traffic while the railroad
work is being performed, the ROAD AUTHORITY at its expense shall furnish,
erect, maintain and remove, the traffic control devices necessary to detour
highway traffic after the COMPANY gives two weeks advance notice to the
ROAD AUTHORITY'S engineer.
When the COMPANY is to perform its work while maintaining highway traffic,
the ROAD AUTHORITY shall furnish or cause to be furnished, at its expense,
the signs, barricades and traffic control, devices for erection by the
COMPANY after two weeks advance notice is given the ROAD AUTHORITY'S
engineer. The COMPANY at the expense of the ROAD AUTHORITY shall erect,
maintain, relocate and remove the signs, barricades, and other traffic
control devices, including the furnishing of flagmen, as required to
maintain highway traffic throughout the time the railroad work is being
performed.
9. Whenever notice under this agreement is to be given ROAD AUTHORITY it
shall be delivered personally or mailed postage prepaid by certified mail,
return receipt requested in an envelope addressed to:
Michael Eastling., City Engineer
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423-2599
• R44528
RC1C145-183 c-2
ql?-1'7
With copy to:
. Robert J. Lindali
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
Whenever notice is to be giden to COMPANY, it shall be delivered personally or
mailed postage prepaid by certified mail return receipt requested in an envelope
addressed to:
J.A. Inshaw
Chief Engineer
Soo Line Railroad COMPANY
Soo Line Building
105 South Fifth Street
Minneapolis, MN 55402
With copy to:
Wayne Serkland
Vice President and General Counsel
Soo Line Railroad COMPANY
1000 Soo Line Building
105 South Fifth Street
Minneapolis, MN 55402
10. Ownership of Documents. Any reports, studies, photographs, negatives, or
other documents prepared by COMPANY in the performance of its obligations
under this contract shall be the exclusive property of the COMPANY, but
all such materials shall be made available by COMPANY FOR copying by ROAD
AUTHORITY upon completion, termination, or cancellation of this contract
. (which is agreed to be the time of final reimbursement by ROAD AUTHORITY
to COMPANY). COMPANY shall not use such material for any purpose other
than performance of COMPANY's obligation under this contract without the
prior written consent of the ROAD AUTHORITY.
11. Minority Business Enterprise Policy. It is the policy of the Federal
Department of Transportation and the state that Disadvantaged Business
Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23,
shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with federal funds under this
agreement. Consequently, the requirements of 49 CFR, Part 23, apply to
this agreement.
In this regard, COMPANY shall take all necessary and reasonable steps in
accordance with 49 CFR, Part 23, to insure that Disadvantaged Business
Enterprises and Women Business Enterprises have the maximum opportunity to
compete for and perform on contracts and subcontracts. The COMPANY shall
not discriminate on the basis of race, color, national origin, or sex in
the award and performance of federally funded contracts under the terms of
this agreement. Failure to carry out the above requirements shall
constitute a breach of this agreement by the State, and possible debarment
from performing other contractual services with the Federal Department of
Transportation.
12. Antitrust Clauses. COMPANY hereby assigns to the State of Minnesota any
and all claims for overcharges as to goods and/or services provided in
connection with this agreement resulting from antitrust violations which
arise under the antitrust laws of the United States and the antitrust laws
of the State of Minnesota.
• R48
RC1C145-183 c-3
q/q-18
13. Subletting.. The services of any consultants to be performed hereunder
all not be assigned, sublet or transferred unless written authority to
• do so is granted by the ROAD AUTHORITY. This written consent shall in no
way relieve the COMPANY from primary responsibility for performance of the
work.
14. Worker's Compensation: COMPANY employees are provided worker's
compensation coverage pursuant to the Federal Employers' Liability Act,
and shall be throughout its work.
15. Right to Audit. To insure compliance with all applicable federal
regulations and law, the Commissioner of the Minnesota Department of
Transportation, hereinafter referred to as the "Commissioner", or his
representative, shall have the right to audit, evaluate and monitor, as
deemed necessary, the work to be performed under this agreement. In
addition, as provided under Minn. Stat. S 16B.06, all books, records,
documents and accounting procedures and practices of COMPANY, are subject
to examination by the Commissioner or his authorized representative and
either the legislative auditor or the state auditor as appropriate.
16. Inspection of Work. The Commissioner shall, at all times during the
agreement and for three (3) years from the date of the final payment of
federal funds to the State with respect to the project, be accorded proper
facilities for inspection of the work hereunder and shall at all times
during normal business hours have access to the premises, to all books,
records, correspondence, instruction, receipts, vouchers, memoranda of
every description pertaining to the work hereunder. The Federal Highway
Administration shall have the same right of inspection as accorded the
Commissioner herein.
17. Records. COMPANY shall maintain accurate records as to all costs incurred
in connection with the subject of this agreement and shall produce or
• cause to be. produced for examination bills, invoices, vouchers and other
reports and information at such reasonable time and place as may be
designated by the Federal Highway Administration or by the Commissioner or
his duly authorized representatives and shall permit extracts and copies
to be made thereof.
18. Compliance with Laws. COMPANY shall comply with all Federal, State and
local laws, together with all ordinances and regulations applicable to the
work.
19. Nondiscrimination Regulations. During the performance of this agreement,
COMPANY itself, its assignees and successors in interest, agree to comply
with Title VI of the Civil Rights Act of 1964, as amended. Accordingly,
49 Code of Federal Regulations (CFR) 21 through Appendix H and 23 CFR
710.405 (b) are made a part hereof by reference with the same force and
effect as though fully set forth herein.
• WL44528
RC145-18
183 C-4
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 5
Agenda January 11, 1993
Issue Statement:
Presentation of the Minnesota Secretary of State Certificate of
Achievement to the City of Richfield.
Background:
During the•state General Election held on November 3, 1992, the
citizens of the City of Richfield achieved a voter turnout level
of 76.8%. This level of voter participation is above both the
state and national average and deserves special recognition.
The Minnesota Secretary of State has awarded a Certificate of
Achie?vement to the City of Richfield for exceeding the 70$ voter
turnout threshold established as qualification for the award.
It is suggested that the Mayor, on behalf of the entire City
Council, present this award to the residents of Richfield for
their excellent achievement in voter participation.
Recommended Motion:
It is recommended that Mayor Kirsch present the award to the
residents of the City and that it be permanently displayed in the
Council Chambers.
Basis for Recommendation:
1. The City residents have had excellent voter participation and
should be recognized for their achievement.
Alternative Recommendation:
None.
Discussion/Decision Mode:
It is suggested that this certificate be presented at the January
11, 1993 City Council meeting.
Resge ,VTuflly submitted,
Ci
. Prosser
JDP:ds
S,
,ate of Minnesota a-I
SECRETARY OF STATE
CERTIFICATE OF ACHIEVEMENT
I, Joan Anderson Growe, Secretary of State of Minnesota,
do hereby certify and officially recognize that the
CITY OF RICHFIELD
had a voter turnout which exceeded 70% at the state
general election held on November 3, 1992.
Witness my hand and the Great
Seal of the State of Minnesota at
the Capitol in Saint Paul this first
day of December, 1992
Se tary of State
.W.